Author: Oliver Rosenbloom

Overview Assembly Bill 2923, which took effect on September 30, 2018, requires the Bay Area Rapid Transit District to impose transit-oriented development (TOD) zoning guidelines near BART stations. These guidelines empower BART to create higher density residential areas than city zoning plans otherwise allow. The Senate analysis of AB 2923 stated the bill “upends” traditional city and county land use power, concluding that “granting land use authority to a local government that isn’t a municipality sets a significant precedent.”[1] This article examines the constitutional issues AB 2923 raises and the range of legal and policy responses available to its opponents,...

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SCOCAblog is a Berkeley Law and Hastings Law Journal publication focused on substantive coverage of the Supreme Court of California. We analyze cases and issues before the court, and report news about the court itself. Our contributors include former justices of the court, academics, and advocates experienced in appellate practice before the state high court.